The man accused of shooting a Waffle House server over a smoking ban had only one question when standing before a judge for his initial appearance on Monday.
"Is the death penalty going to be involved in this charge?" suspect Johnny Max Mount asked Justice Court Judge Albert Fountain.
According to authorities, Brightwell was trying to get Mount to stop smoking in the restaurant when he pulled out a 9 mm handgun and shot her. She was taken to Merit Health Biloxi, where she was pronounced dead.
Harrison County Coroner Gary Hargrove said she died of a single gunshot wound the head.
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